Well, before gay marriage was legalized, was it cited as a particular freedom? IOW's, why is gender unimportant in a marriage and the number of participants is?
Mark
Based in the principle of comparing like situations. In this case we have law abiding, tax-paying, non-related, infertile, US Citizens, consenting adults in different-sex relationships who are allowed to Civilly Marry in all 50 states and law abiding, tax-paying, non-related, infertile, US Citizens, consenting adults in same-sex relationships who were denied Civil Marriage based solely on the gender of the prospective spouse. No reasonable secular difference existed that justified such discrimination.
The idea there is no difference between same-sex marriage and polygamy is not true. Same-sex Civil Marriage and different-sex Civil marriage, since they are both based on two people, function equally well under current law.
With same-sex marriage the current marital laws work just fine. They deal with two people establishing an intimate legal relationship, establishing a new primary next-of-kin if you will.
On the other hand polygamy does not allow for the use of existing marital laws.
There are many arguments against polygamy from a historical perspective that if managed properly would no longer be a large issue.
- In the past such societies were almost exclusively polygamous (1 man, multiple women) and structured in such a way as to be abusive to women. Women were viewed almost as property and were expected to be subservient to the man.
- It was not uncommon for older men to exercise political (or religious) "power" over community such that very young women were forced into marriages with these older men (often much older) and left with no means of escape from the community. (i.e. statutory rape with no means of escape.)
- High concentrations of polygamous marriages tends to skew the natural ratios of the available male/females in a given population. If you have one man marrying multiple women, those women are effectively removed from the - ah - market so to speak. Now you have an increased number of males while at the same time having a shortage of available females. Leading to problems with how to deal with the males who were often excluded from the community.
Now, these reasons may not be as valid today in a modern western civilization society - although many of these problems might still be applicable to African and Middle-Eastern societies. Much larger and more mobile populations also reduces the impact of past wrongs which occurred in isolated enclaves.
However from a modern perspective there are still valid reasons against legalized polygamy.
Legal View: There is no legal framework to deal with partners in a Civil Marriage that exceeds two persons and the issues that are already complex enough dealing with two individuals and possibly children let alone increasing those issues exponentially with each additional spouse.
In each polygamy marriage, there would be at a minimum three legally intertwined status:
A married to B,
A married to C, and
B married to C.
Add a fourth spouse and you get:
A married to B
A married to C
A married to D
B married to C
B married to D
C married to D
Add a fifth spouse and you get:
A married to B
A married to C
A married to D
A married to E
B married to C
B married to D
B married to E
C married to D
C married to E
E married to D
Add another, etc...
So you have issues with property on who owns what, what was brought into the marriage when. If C decides he/she no longer wants to be part of the plural marriage to what extent is he/she awarded property from A, B, D, and E.
You have issues also with children. Who are the parents. The biological parents or are all adults in a plural marriage equally parents. In the event of a divorce who gets child custody? Visitation? Child support? etc...
When the discussion is about marriage between two consenting adults the current legal system will support it because laws, courts, etc... are geared toward dealing with the same situations. Linear increases in the number of spouses causes an exponential increase on the courts in dealing with those issues.
A fundamental difference between same-sex marriage and polygamy.
homosexual marriage
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